STATEMENTS TO BE ENTERED IN THE COUNCIL MINUTES. Statement on the implementation of support for by-product distillation referred to in Article 13b

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1 COUNCIL OF THE EUROPEAN UNION Brussels, 23 April 2008 (24.04) (OR. en,fr) Interinstitutional File: 2007/0138 (CNS) 8317/08 ADD 1 AGRIORG 34 AGRIFIN 16 WTO 60 ADDDUM TO THE "A" ITEM NOTE from : Special Committee on Agriculture on : 21 April 2008 to : Council No. prev. doc. 6702/1/08 REV /07 ADD 1 No. Cion prop. : 11361/07 - COM(2007) 372 final Subject : Adoption of a Council Regulation on the common organisation of the market in wine, amending Regulations (EC) No 1493/1999, (EC) No 1782/2003, (EC) No 1290/2005, (EC) No 3/2008 and repealing Regulations (EEC) No 2392/86 and (EC) No 1493/1999 STATEMTS TO BE TERED IN THE COUNCIL MINUTES A. Commission statements Statement on the implementation of support for by-product distillation referred to in Article 13b In providing for the implementing rules concerning the support for by-product distillation referred to in Article 13b, the Commission will leave Member States flexibility to modulate the aid levels according to different wine categories, so as to take account of differences in the collection costs of by-products. 8317/08 ADD 1 dre/jd/ep 1

2 Statement on the granting of support to producers for potable alcohol distillation as referred to in Article 13c The Commission states that the provisions of Article 13c do not preclude the payment of support through wine producers within the meaning of Article 41 of Regulation (EC) No 1623/2000, even if they are not producers of grapes. However, in that case support granted in the form of per-hectare aid must be entirely transferred to the grape producers who exploit the wine-growing areas which have yielded the wine eligible for support. Statement on the authorisation of oenological practices referred to in Article 23(1) The Commission confirms that the oenological practices and restrictions to be decided in accordance with the procedure referred to in Article 104(2) include existing rules set out in the Council Regulation (EC) No 1493/1999 for sweetening of wines. Statement on certain Tokaj/Tokajske wines (Article 23(1)) The Commission will base itself on all the existing rules, restrictions, and conditions of production of Tokaji eszencia/tokajská esencia, Tokaji fordítás/tokajský fordítáš, Tokaji máslás/tokajský mášláš, Tokaji aszú puttonyos/tokajský výber putňový completed by the numbers 3-6, and Tokaji szamorodni/tokajské samorodné set out in Council Regulation No 1493/1999 when it will fix specific rules of production and oenological practices for these wines. Statement on the approval of the new oenological practices referred to in Article 24 Before authorising new oenological practices the Commission will apply the criteria laid down in Article 24. During this procedure, it will use the expertise of an appropriate working group composed of Member States' representatives in preparation of the deliberations in the wine Regulatory Committee. 8317/08 ADD 1 dre/jd/ep 2

3 Statement on the authorisation of oenological practices referred to in Article 23(1) and points (b) and (c) of Article 26 The Commission confirms that the specific oenological practices and restrictions concerning the production of sparkling wines, quality sparkling wines, quality aromatic sparkling wines, liqueur wines and related products to be decided in accordance with the procedure referred to in Article 104(2) (Regulatory Committee), include enrichment, acidification and de-acidification of these products. It recognizes that the addition of tirage liqueur and expedition liqueur is considered neither as enrichment nor as sweetening. It intends to base itself in particular on the rules contained in points H, I and J of Annex V and point K of Annex VI of Council Regulation No 1493/1999. For certain quality sparkling wines with a protected designation of origin, the Commission will also base itself on the production rules and restrictions set out in point E.6 of Annex VIII. Concerning Article 26(b) the Commission considers that the oenological practices concerned also include the conditions of use and addition of tirage liqueur and expedition liqueur. Statement on certain traditionally used names referred to in Article 27(2) Article 27(2) states that "certain traditionally used names" shall constitute a designation of origin. Such names refer to or are composed of geographical names supplemented by other terms referring, among others, to vine grape varieties, traditional terms or are names directly linked to a geographical origin, provided that they have been traditionally used in the territory of the Member State or third country concerned. In applying this Article 27(2), the Commission declares its intention to consider as traditionally used names current quality wines produced in specified regions protected in accordance with Article 54 and Annex VI(A)(3) of Council Regulation (EC) No 1493/1999 such as "cava", "manzanilla", "muscadet", "blanquette", "vinho verde", "brunello di Montalcino", etc. Statement on Article 28(2)(h) The Commission confirms that the bottling obligation of wines in the demarcated geographical area as referred to in Article 27(1)(a)(iii) and (b)(iii) may constitute a requirement according to Article 28(2)(h). 8317/08 ADD 1 dre/jd/ep 3

4 Statement on the authorisation to implement certain provisions as regards quality wines produced in specified regions The Commission confirms that Member States are free to use a control or verification system as provided for in Articles 40 and 41 of the Regulation prior to these provisions of the Regulation being applied. Statement on certain protected designations of origin referred to in Article 45(b) and (c) The Commission notes that the existing quality liquor wines "Jerez-Xeres-Sherry" and "Malaga" may be produced with grape must originating in the demarcated area of "Montilla-Moriles". The Commission also notes that the existing quality sparkling wine "cava" is also produced by a very limited number of companies established outside the area of the demarcated geographical area. The Commission will base itself on the existing derogations laid down in Annex VI of Council Regulation (EC) No 1493/1999 for the production of these three specific wines in relation to Article 45. Statement on traditional terms referred to in Article 46a(1) The Commission notes that terms currently listed in Annex III of Commission Regulation (EC) No 753/2002, as amended, may consist of traditional terms as referred to in Article 46a(1), including the following expressions: "vin doux naturel", "vin naturellement doux", "vinho doce natural", "vinho generoso", "vino dolce naturale", "vino dolce natural", "vino generoso", "vino generoso de licor" and "οίνος γλυκύς φυσικός" listed in Annex VI(L) of Council Regulation (EC) No 1493/1999. The Commission states that quality policy regulated at national level is reflected in Chapters IIIa and b of Title III. Consequently national quality terms may be protected as traditional terms pursuant to Article 46a(1). 8317/08 ADD 1 dre/jd/ep 4

5 Statement on bottle shapes Article 117(3) states that Chapter II of Title V of Council Regulation (EC) No 1493/1999 shall continue to apply until the corresponding Chapter of this Regulation starts to apply. Therefore the Commission confirms that the protection of certain specific bottle shapes provided for in Article 47(4)(a) of Regulation (EC) No 1493/1999 and Article 9 and Annex I of Commission Regulation (EC) No 753/2002, as amended, will continue to apply until the application date of the new labelling and presentation provisions. Then, if necessary, the Commission confirms its intention to continue this protection on the basis of Article 53(e), with due regard to industrial property rights. Statement on Article 49(1)(d) The Commission declares that the modalities relating to the indication of provenance as stated in Article 49(1)(d) will be based, notably, on Annex VII(A) of Council Regulation (EC) No 1493/1993. Statement on Article 53(c) The Commission declares that the modalities regulating the production and marketing of wines bearing the vintage year and the wine grape varieties information for wines without protected designation of origin and geographical indication, to be based on the provisions as referred to in Article 50(2), will cover the blending of wines from different Member States. 8317/08 ADD 1 dre/jd/ep 5

6 Statement on Article 53(d) The Commission declares that: - the use of the term "Sekt" will be regulated according to Article 53(d), Annex IV(5) and taking into account Annex VIII(D) and (G) ofcouncil Regulation (EC) No 1493/1999; - the use of the term "crémant" for wines with protected designations of origin will be regulated according to Article 28(2)(h); - the use of the terms "Winzersekt" and "Hauersekt" for respectively German and Austrian wines with protected designations of origin will be regulated according to Article 28(2)(h); - the use of the expressions "bottle-fermented", "bottle-fermented by the traditional method", "traditional method", "classical method" or "classical traditional methods" will be regulated according to Article 53(d), taking into account Annex VIII(E)(3) and (4) of Regulation (EC) No 1493/1999. Statement on import licences referred to in Article 62 The Commission recognises the importance of import licences for the management of agricultural markets in particular with regard to products of the wine sector whose importation is currently subject to the presentation of an import licence in accordance with the relevant basic Council Regulation. The Commission therefore intends to assess the need for import licence requirements in the light of the sensitivity of the markets concerned and to consider the removal of licence requirements only where equivalent mechanisms could be used. The Commission will, in such cases, monitor carefully the effects of decisions taken and will inform the Management Committee of the results of its assessment within a reasonable period of time. Statement on actions of information referred to in Article 112 The Commission declares that the actions of information on responsible drinking patterns and harm linked to hazardous alcohol consumption must be in line with the requirements of the responsible authorities in the Member States. This is reflected in the implementing provisions of Commission Regulation (EC) No 1071/ /08 ADD 1 dre/jd/ep 6

7 Statement on certain liqueur wines with a designation of origin referred to in Annex IV point 3 The Commission will base itself on all the existing rules, restrictions and conditions for the production of liqueur wines with a designation of origin bearing the specific traditional name "vino dulce natural", "vino generoso", "vino generoso de licor", "vin doux naturel", "vinho doce natural", "vinho generoso", "vino dolce naturale", "vino dolce natural" and "οίνος γλυκύς φυσικός" set out in points 5, 6, 8, 10 and 11 of Annex VI(L) of Council Regulation (EC) No 1493/1999 when it will fix specific rules of production and oenological practices for these liqueur wines as foreseen in Article 26 (c). Statement on quality aromatic sparkling wines referred to in Annex IV point 5a The Commission will base itself on the existing rules, restrictions and conditions for the production of quality aromatic sparkling wines to decide all supplementary specific rules for their production which are not mentioned in this definition. In particular these include the use as constituents of the cuvee of wines obtained from grapes of the "Prosecco" wine grape variety harvested in certain regions of Italy. Statement concerning point 3 of the compromise "Oenological practices", under point (b) "Enrichment", second dash regarding exceptions for climatic reasons The Commission declares that it will undertake to respond to requests for applying the increase in the enrichment percentage of 0,5% in zones A, B and C due to exceptional climatic reasons, in the most expeditious and quick manner possible. 8317/08 ADD 1 dre/jd/ep 7

8 Statement on Tokaj/Tokajske wines (Annex IX, point 3 (f)) The Commission invites Hungary and Slovakia to come to an agreement on Tokaj / Tokajske wines as soon as possible, with a view to complete all points of the "Agreed Minutes" signed on 14 June The Commission invites these two Member States, once an agreement has been reached, to come forward with a wording regarding the definition of the wine-growing zone referred to in Annex IX point 3 (f). The Commission would then be prepared to present, if necessary, a proposal for changing the Regulation on this element. The Commission is ready to provide its good offices if assistance is needed by the two Member States. B. Member States' statements Statement by Spain on wine labelling In order to contribute to the European Union's objective of harmonisation and simplification of legislation, preserve the conditions of the single market, remove obstacles to the free movement of goods and fulfil the aims of consumer information, the Commission is asked to present a proposal to harmonise labelling rules for wine. Joint statement by the Republic of Hungary and the Slovak Republic Hungary and Slovakia agree that they will continue discussions based on the Trilateral Agreed Minutes signed 14 June 2004 together with the European Commission. It is in the best interest of both parties to reach final mutually acceptable agreement. Both parties agree that the implementation of the Agreed Minutes should be achieved as early as possible. Based on the mutual recognition of the Agreed Minutes, the next expert's meeting will take place in January 2008 with the aim of clarification of the remaining technical issues (1-3. points). 8317/08 ADD 1 dre/jd/ep 8

9 Hungary and Slovakia agree that based on Article 30(3) of the envisaged wine reform they will submit joint product specification/s with regard to the Tokaj/Tokajske wine specialties. The preparation of the joint product specification/s will be in accordance with the Agreed Minutes of 14 June Statement by Malta Malta considers that the political agreement reached by the Council constitutes a significant departure from the necessary and important objectives set for the reform of the EU wine sector, particularly the objective of having a wine sector based on quality and competitiveness. As a result this reform does not strengthen the reputation of Community quality wines. Furthermore consumer expectations as far as production methods and quality are concerned will not be met as a result of this agreement. In the light of these developments Malta cannot support the proposal. Statement by Poland Poland welcomes the objectives of the reform of the wine sector as set out in the political agreement and expects that all wine-growing and wine-producing Member States meeting the criteria for the allocation of funds for the support programmes will have access to the measures of the common organisation of the market in wine from 2013 onwards at the latest. 8317/08 ADD 1 dre/jd/ep 9